With difficulty, unless there is a job evaluation scheme in place (see question four). The Employment Tribunal will have to assess the demands made on the jobholders, and the skills they need to do their jobs, to determine - as objectively as possible - whether the jobs are of equal value. The Tribunal sometimes appoints an independent expert to undertake this assessment, and if you are defending against such a claim and want to argue that the jobs are not of equal value, you could appoint an expert of your own, though the experts are likely to be required to come up with a joint statement of the matters on which they agree, and those on which they disagree. You could also argue that whether or not the jobs are of equal value, the difference in pay is due to another, 'material' factor, which is not the difference of sex.
